1. (a)

   1. (1) Children in foster care may have the opportunity or need to travel for reasons not related to ICPC.

   2. (2) These may include but are not limited to:

      1. (A) Vacationing with their resource family;
      2. (B) An out-of-state visit with a family member; or
      3. (C) Attending a funeral of a family member.
   3. (3) Any travel that promotes a sense of normalcy and/or connection for children in foster care is encouraged, as appropriate for a particular child and in accordance with the reasonable and prudent parent standard (see 9 CAR § 40-814 for more information).

2. (b)

   1. (1) An out-of-state visit is thirty (30) days or less and is not subject to ICPC.
   2. (2) However, if it is greater than thirty (30) days, it is a placement, which is subject to ICPC.

3. (c)

   1. (1) Because the Department of Human Services is the appointed custodian of a child in foster care, the department has the right to consent to the child’s travel on vacation or similar trips as per Arkansas Code § 9-27-353(e).
   2. (2) As such, resource parents must have prior written authorization to transport children in foster care for an overnight stay outside the State of Arkansas.
   3. (3) Such requests will be made to the FSW as soon as travel planning begins, and at a minimum of two (2) weeks prior to scheduled travel dates, if possible.
4. (d) Resource parents will not have to submit a request for out-of-state travel in order to cross the state border when travel plans do not require an overnight stay outside the State of Arkansas (e.g., shopping or visiting with a relative in a nearby town over state lines).

5. (e)

   1. (1) When vacationing as a family, resource parents are encouraged to take any children placed in their home with them.
   2. (2) However, the Division of Children and Family Services will not pay for vacation expenses.
   3. (3) As noted above, travel out of state involving an overnight stay or more requires prior written authorization.
6. (f) For children placed out-of-state by an Arkansas court and who are not in department custody as the result of a dependency-neglect or dependency case, the sending party is responsible for arranging transportation rather than the department.

7. (g) For non-ICPC travel of a child in department custody, the Family Service Worker will:

   1. (1) Ensure that all parties to the case are made aware of and have input regarding the child in foster care traveling out of state (e.g., to attend a funeral, go on vacation with a resource parent, attend camp, etc.);

   2. (2) Request prior agency approval, by submitting the DHS-1010 for the child and an escort, as appropriate, to the FSW supervisor who, if approved, will continue to request approval and associated signatures through the following chain of command:

      1. (A) Area Director or designee;
      2. (B) Assistant Director of Field Operations or designee; and
      3. (C) Director of the Division of Children and Family Services or designee; and
   3. (3) Direct requests and questions to the Foster Care Unit.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "05/2022"